SB 450

This bill makes various changes to the treatment of animals that are believed

to have been used in crimes against animals.

Under current law, a humane officer or law enforcement officer, on behalf of a

city, village, town, or county (local governmental unit), may take custody of an animal

if the officer believes the animal meets certain conditions, including if the animal has

been a participant in an animal fight intentionally instigated by any person or has

been criminally mistreated. This bill allows such an officer to take custody of an

animal if the officer believes the animal has been involved in any of a number of

crimes related to the treatment of animals (crimes against animals).

Under current law, a local governmental unit may withhold, or direct a person

contracting with it to withhold, an animal in custody from an owner who makes an

otherwise adequate claim for the animal on certain grounds, including if there are

reasonable grounds to believe that the owner has criminally mistreated the animal.

Under this bill, an animal may be withheld from an owner if there are reasonable

grounds to believe that the owner has used the animal in any crime against animals.

Under current law, if the owner of an animal that is being held in custody (by

a local governmental unit or other person, such as a humane society, on behalf of a

local governmental unit) is convicted of a crime related to animal fighting and the

animal is one year old or older or shows indication of having participated in fighting,

the animal must be euthanized.

Also under current law, an animal that is taken into custody for certain reasons

may be considered an unclaimed animal, including if the animal is abandoned or a

stray, if it is an untagged dog, if it is not licensed, or if its owner fails to pick it up from

a veterinarian. If an animal is considered unclaimed, the person with custody of the

animal has a number of options regarding treatment of the animal. These options

include releasing the animal to a person other than the owner under certain

circumstances, selling an animal other than a dog or cat at public auction,

euthanizing the animal, or, if the animal is a stray, releasing the animal for scientific

or educational purposes.

Under this bill, if an animal of any age is being held in custody and the owner

of the animal is convicted of a crime against an animal, the animal must be treated

as an unclaimed animal.

Under current law, if an animal has been taken into custody because it is

believed that the animal has been used in, or is evidence of, a crime related to animal

fighting, it must be retained in custody. If the owner claims the right of possession

of the animal, a court must determine whether the animal is needed as evidence or

there is reason to believe that the animal has been used in fighting. If so, the animal

must be retained in custody.

Under this bill, if an animal has been taken into custody because it is believed

that the animal has been used in any crime against animals or that it constitutes